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Report on War Crimes Trials in Serbia during 2016

Report on War Crimes Trials in Serbia during 2016

Izvestaj_o_sudjenjima_za_2016_engThe Humanitarian Law Center (HLC) has monitored all war crimes trials conducted in the territory of Serbia in 2016 – that is to say, a total of 26 trials conducted by the War Crimes Departments of the Higher Court or the Court of Appeal in Belgrade, or the courts of general jurisdiction.

The Report on War Crimes Trials in Serbia during 2016 features a brief overview of all 26 cases observed and the HLC’s key findings on each case, which the public needs to be informed about. Given that a significant portion of the war crimes proceedings presented in the Report have been ongoing for a number of years, the previous annual HLC Reports on war crimes trials should also be consulted for a full appreciation of the course of the proceedings and the corresponding findings. The Report also covers trials for crimes that are not classified as war crimes by the relevant prosecutor’s offices of general jurisdiction; despite the fact that the circumstances of such cases indicate they do constitute war crimes.

The Report focuses particularly on the work of prosecutor’s offices and courts, notably in the analysis of indictments and judgments. An analysis of the work of other institutions involved in war crimes prosecution (the War Crimes Investigation Service of the Serbian Ministry of the Interior, the Protection Unit, etc.) could not be made within the context of each case as a result of the lack of publicly available information on their work.

The War Crimes Department of the Higher Court in Belgrade handed down first-instance judgments in three cases over the reporting period, and a judgement accepting a plea agreement concluded between the OWCP and a the defendant. The War Crimes Department of the Court of Appeal in Belgrade has issued six rulings on appeals against judgments passed by the Higher Court in Belgrade. The courts of general jurisdiction handed down four judgments. Eight OWCP’s indictments were confirmed in the reporting period against 15 individuals accused of a war crime against a civilian population.

The analyses of the cases in the Report are preceded by an overview of the general findings on war crimes trials in 2016, and a summary of the significant social and political events that had a bearing on the war crimes trials.

The Report on War Crimes Trials in Serbia during 2016 is available here.

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On the occasion of the election of the Prosecutor for War Crimes of the Republic of Serbia: No discussion on the future of war crimes prosecution

On the occasion of the election of the Prosecutor for War Crimes of the Republic of Serbia: No discussion on the future of war crimes prosecution

skupstina_srbijeOn Monday, May 15th 2017, the National Assembly of the Republic of Serbia elected Snežana Stanojković, former Deputy Prosecutor, as the new Chief Prosecutor for War Crimes in Serbia. This position has been vacant since January 1st 2016. Human rights organizations are welcoming the election of a new Head of the Office of the War Crimes Prosecutor (OWCP), primarily because of the importance of continuity in the domestic prosecution of war crimes, which was threatened with disruption because the appointment of a new chief prosecutor had been delayed for almost a year and a half; and also because this occasion should indicate the final start of the implementation of measures designed to increase the efficiency of this office.

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ANNOUNCEMENT: A Debate on War Crimes Trials in Serbia in 2016

ANNOUNCEMENT: A Debate on War Crimes Trials in Serbia in 2016

Report on war crimes trials in Serbia during 2016On May 18th 2017 the Humanitarian Law Center (HLC) will present “The Report on War Crimes Trials in 2016”, and host a debate about the findings and development in the prosecution of war crimes before Serbian courts. The event will be held at the Media Centre in Belgrade (Terazije 3, 2nd Floor), starting at 11:00.

The Report encompasses analyses of 28 cases monitored by the HLC’s team before the war crimes departments of the Higher Court and the Court of Appeals in Belgrade, as well as before the courts of general jurisdiction. The Report also contains an overview of general findings regarding war crimes trials held during 2016, as well as important social and political events relevant to war crimes trials in Serbia.

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The initiative for assessing the constitutionality of the Law on the Rights of Civilian Invalids of War dismissed: The Constitutional Court does not recognize discrimination against civilian victims of war

The initiative for assessing the constitutionality of the Law on the Rights of Civilian Invalids of War dismissed: The Constitutional Court does not recognize discrimination against civilian victims of war

Ustavni sudThe Serbian Constitutional Court has adopted a conclusion dismissing the initiative for assessing the constitutionality of the Law on the Rights of Civilian Invalids of War that the Humanitarian Law Center (HLC) filed in May 2016. The HLC states that the formalistic argument rendered by the Constitutional Court was not a thorough constitutional assessment of this disputed Law, but a decision reduced to an insufficiently reasoned reproduction of the provisions of the Law, which placed the highest judicial institution in the country on the same side as the other government bodies that maintain this discriminatory legislation, which disenfranchises most of the civilian victims of war in Serbia.

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Excess of politics, lack of evidence

Excess of politics, lack of evidence

pescanik_ffA state which doesn’t have a war crimes prosecutor for over a year wants to try war crimes indictees from the whole region. A state which doesn’t act on Interpol red notices (Momir Stojanovic, the three wanted members of the Radical party) expects extradition of citizens of other states on the same warrants. A judiciary which has never brought charges for war crimes against any senior official of our country is accusing (without evidence, as we later saw) former and current officials of neighboring countries. A judiciary which hasn’t brought charges for the crimes committed against Kosovo Albanians for three years is seeking the extradition of a Kosovo Albanian to be tried. A state which promised cooperation and assistance to the Special Court for Kosovo hinders it and meddles with its jurisdiction.

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